20071030 TZHC Dar es Salaam 1

20071030 TZHC Dar es Salaam 1

The trial court's orders of 11/8/2005 (each party to bear own costs) and 22/8/2005 (auctioneer to raise attachment on payment of fees) are both legal and not contradictory; court broker fees are distinct from suit costs and must be taxed by the court. No irregularity or illegality was found in the objection proceedings or the trial court's decisions. The applicants failed to establish grounds for revision or for attachment of respondents' properties without first seeking to lift the veil of incorporation.

Citation
20071030 TZHC Dar es Salaam 1
Parties
Applicant: Patrick Mrope; Applicant: Wambura Mgaya; Respondent: TOICO; Respondent: Ubungo Petrol Station Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 October 2007
Procedural Posture
Civil Revision / Ruling on Consolidated Applications for Revision
Outcome
Applications dismissed for lack of merit.
Legal Topics
Objection Proceedings, Execution Against Company Property, Veil of Incorporation, Court Broker Fees, Functus Officio, Costs and Taxation
Source Language
English
Civil Procedure Company Law Execution of Judgments Objection Proceedings Execution Against Company Property Veil of Incorporation Court Broker Fees Functus Officio +1 more

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Parties

Patrick Mrope

Applicant

Wambura Mgaya

Applicant

TOICO

Respondent

Ubungo Petrol Station Ltd

Respondent

Procedural Posture

Civil Revision / Ruling on Consolidated Applications for Revision

Legal Issues

  1. 1 Whether the trial court's orders of 11/8/2005 and 22/8/2005 were irregular or illegal
  2. 2 Whether the applicants are entitled to attach respondents' properties to satisfy a decree against a dissolved company
  3. 3 Whether the court broker's fees are payable and by whom

Ratio Decidendi

The trial court's orders of 11/8/2005 (each party to bear own costs) and 22/8/2005 (auctioneer to raise attachment on payment of fees) are both legal and not contradictory; court broker fees are distinct from suit costs and must be taxed by the court. No irregularity or illegality was found in the objection proceedings or the trial court's decisions. The applicants failed to establish grounds for revision or for attachment of respondents' properties without first seeking to lift the veil of incorporation.

Court Disposition

Applications dismissed for lack of merit.

Orders

  • Applications not granted for lack of merit.
  • Auctioneer's charges to be submitted to trial court for taxation.